APHC010030992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1583/2025 Between: 1. BHAVANA RISHI CO OPERATIVE URBANK BANK LIMITED, URBAN BANK LIMITED, GUDIMALKAPUR BRANCH HYDERABAD ITS AUTHORIZED OFFICER SRI A.VIJAY KUMAR S/O.MARKANDEYULU, AGED 49 YEARS R/O.H.NO.13-23-30/3 SAROORNAGAR, HYDERABAD-500035. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REGISTRATION AND STAMPS DEPARTMENT SECRETARIAT, AMARAVATHI-522020 2. THE DISTRICT REGISTRAR, VISAKAHAPATNAM DISTRICT REGISTRATION AND STAMPS DEPARTMENT GOVERNMENT OF ANDHRA PRADESH VISAKHAPATNAM,ANDHRA PRADESH-530002 3. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. M/S AKRUTI CONSTRUCTIONS, REP.BY ITS PROPRIETRIX SMT. GUTTULA LAKSHMI MADHAVI W/O. SRI. G.V. HAH KRISHNA, R/O . D.NO 54-12-10, SRI HAH NIVASAM, BHANU NAGAR, BESIDE VIDYANAGAR PARK, MADDILAPALEM, VISHAKAPATNAM -530013 2 5. YALLA LAKSHMIKANTH, S/O LATE VEERA SWAMY, AGED ABOUT 56 YEARS OCC BUSINESS FLAT NO210,PGR DIVINE , NALANDA NAGAR COLONY, ROAD NO11. SIRIMALLENAGAR COLONY, UPPERPALLY, HYDERABAD - 500062, T.S. 6. SMT YALLA SURYA PRABHAVATHI, W/O.LATE.VEERASWANNY, AGED ABOUT 76 YEARS OCC HOUSEHOLD/PENSIONER FLAT NO 210,PGR DIVINE , NALANDA NAGAR COLONY, ROAD NO 11. SIRIMALLENAGAR COLONY, UPPERPALLY, HYDERABAD - 500062, T.S AND ALSO AT H.NO.50-116-18, SEETHAMMADHARA NORTH EXTENSION VISAKHAPATNAM, ANDHRA PRADESH 7. MS YALLA SURYA KUMARI, W/O. YALLA LAKSHMIKANTH AGED ABOUT 52 YEARS OCC HOUSE WIFE FLAT NO210,PGR DIVINE , NALANDA NAGAR COLONY, ROAD NO11. SIRIMALLENAGAR COLONY, UPPERPALLY, HYDERABAD - 500062, T.S. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ, direction order, particularly one in the nature of Mandamus declaring that the actions of respondents, more particularly respondents No.2 and 3 in not considering the representations dated 24.01.2024 , 23.10.2024 and 23.10.2024 of the petitioner bank and allowing the unofficial respondents to proceed with the constructions on the property bearing Door No.58- 116-18, plot number MIG 128 on land admeasuring 489 Sq.yds at Seethammadara North Extension at Visakhapatnamand allowing to registration of Gift Deed bearing Reg.Document No. 5405/2023 dated 13.06.2023 and Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023, without discharge of loans and redeeming the mortgage covered by Regd.Memorandum of Deposit of Title Deeds 754/2016 dated 02.02.2016,No 4984/2015 dated 14.07.2015 8040/2017 dated 26.12.2017 and 8041/2017 dated 26.12.2017as wholly illegal, untenable, unsustainable, without Jurisdiction, outcome of fraud and against the Law as well as principles of natural justice and consequently direct the respondents to consider the representations date 24.01.2024,23.10.2024 and 23.10.2024 and set aside the Gift Deed 5405/2023 dated 13.06.2023 andbearing Reg. Document No. 3 Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023 and pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent no.3 to cancel the building plan issued in favour of the respondent no.4 in respect of property bearing Door No.58-116-18, plot number MIG 128 on land admeasuring 489 Sq.yds at Seethammadara North Extension at Visakhapatnamcovered under Gift Deed bearing Reg.Document No. '5405/2023 dated 13.06.2023 and Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023 and pass such IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent no.3 to cancel the building plan issued in favour of the respondent no.4 in respect of property bearing Door No.58-116-18, plot number MIG 128 on land admeasuring 489 Sq.yds at Seethammadara North Extension at Visakhapatnamcovered under Gift Deed bearing Reg.Document No. '5405/2023 dated 13.06.2023 and Development Agreement and GPA vide Document No. 8539/2023 dated 18.08.2023 and pass such IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Vacate the Interim orders granted in W.P 1583/2025 dated 23/01/2025 in the interest of justice, equity and good conscience and Dismiss the W.P 1583/2025 with exemplary costs in the interest of justice; and pass IA NO: 4 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Vacate the Interim orders granted by this Hon'bie Court in W.P 1583/2025 dated 23/01/2025 in the interest of justice, equity and good 4 conscience and Dismiss the W.P 1583/2025 with exemplary costs in the interest of justice; and pass Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. AKHIL KRISHNAN 2. GP FOR REGISTRATION AND STAMPS The Court made the following: 5 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1583/2025 Sri K.B. Ramana Dora, learned counsel for the petitioner, filed a letter in the Registry dated 03.07.2025, stating that the petitioner is seeking permission of this Court to withdraw the Writ Petition with a liberty to file fresh Writ Petition, if so advised. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn with a liberty. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.07.2025 SCH 6 78 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.1583 of 2025 Dated:04.07.2025 SCH